Law of Wills, 2016A

2. In 2001, Madison executed a will stating, “I leave my estate to Connie, Mitchell and Allison.” In
2003, Madison executed a will that expressly revoked her 2001 will. The 2003 will stated, “I leave my
estate to Allison and Thelma. In 2013, Madison wrote a letter to her attorney stating, “I want to
revoke the will I wrote in 2003. I like the terms of my 2001 will better. When I die, please let the
2001 will stand. Madison died in 2015. Which will should control the distribution of her property?
3. In 2007, Matthew executed a will stating, “I leave my estate to the Local University.” In 2008,
Local University merged with City University to form City-Local University. Matthew was upset
about the merger. In 2009, Matthew executed a will stating, “I revoked all prior wills. I leave my
entire estate to Local Public Library.” In 2010, City-Local University gave Matthew an honorary
degree. On May 17, 2011, Matthew executed a will stating, “I revoke all prior wills. I want my estate
to be distributed in the manner specified in the May 10, 2011 letter that I wrote to my sister,
Shirley.” The May 10, 2011 letter contained the following sentence: “I made a mistake when I went
back on my word to give everything to Local University. Even though, I still don’t like the merger, I
want to go back to my 2007 will, so I can keep my promises.” Which will should control the
disposition of Matthew’s estate?
11.6.4 Revocation by Changed Circumstances
Events that happen in the life of a testator may impact his or her will. Thus, a testator’s will
may be revoked by operation of law due to changes in his or her family circumstances. In the
majority of jurisdictions, statutes provide that a divorce revokes any provision in the decedent’s will
for the divorced spouse. If the testator executes a will and later marries, statutes in most states gives
the new spouse what he or she would receive under the intestacy system. However, the new spouse
does not take an intestate share if the will indicates that the testator intentionally omitted the new
spouse or the spouse is provided for in the will or by a will substitute with the intent that the
transfer be in lieu of a testamentary provision. In a few states, a premarital will is revoked entirely
upon marriage. Almost all of the states have pretermitted child statutes that give a child born after
the execution of the will who is not mentioned in the will a share of the estate.
11.6.4.1 Spouses
11.6.4.1.1 Divorce
Davis v. Aringe, 731 S.W.2d 210 (Ark. 1987)
GLAZE, Justice.
This case is a will contest and involves whether the will of the decedent, Carlton Taylor, was revoked
by operation of law, pursuant to Ark.Stat.Ann. § 60–407 (Supp.1985). The chancellor admitted the
will to probate, holding § 60–407 was inapplicable to the situation posed here, and the will provision
favoring Ima M. Darby, as residual legatee and devisee, was valid.
The parties have no dispute as to the facts. Taylor had executed a will nominating Darby (now
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